The High Court has directed the government to seize assets worth Sh76.2 million linked to former Kiambu Governor Ferdinand Waititu, in a move that partially addresses claims of unexplained wealth.
The ruling on Friday, also includes two plots of land valued at Sh32 million and a separate plot owned by his wife, Susan Ndung'u, which must be returned to the State.
The court found that Waititu and Ndung'u failed to provide satisfactory explanations for the origin of these assets. The couple had opposed the case, insisting that the properties and funds were obtained legally through business ventures and loans acquired before Waititu assumed office as governor.
In addition to the land, the court ordered the confiscation of a Caterpillar construction tractor worth Sh11 million and two vehicles each valued at Sh600,000.
Justice Nixon Sifuna, who delivered the ruling, partially allowed a civil case filed by the Ethics and Anti-Corruption Commission (EACC) seeking to recover wealth allegedly acquired illegally during Waititu’s tenure.
The commission had sought the seizure of assets totaling Sh1.9 billion, but the court approved confiscation of only those for which there was insufficient explanation regarding their source.
The court dismissed EACC’s request to seize funds held in bank accounts associated with Waititu, his wife, and their businesses. Justice Sifuna explained that the commission’s claims concerning the accounts “were not presented with sufficient clarity or supported by solid evidence.”
Waititu was previously found guilty in February 2025 of conflict of interest in a Sh588 million graft case. He was sentenced to 12 years in prison or a fine of Sh52.5 million. Ndung'u was also sentenced, receiving a one-year jail term or a fine of Sh500,000.
The civil case by EACC dates back to 2022, when the commission alleged that Waititu had amassed more than Sh1 billion in unexplained assets while serving as Member of Parliament for Kabete Constituency from 2015 to 2017 and later as Kiambu Governor from 2017 to 2020. EACC claimed that some of the wealth came from questionable procurement contracts awarded to companies linked to the couple.
Friday’s ruling, however, granted the former governor and his wife partial relief, with the court emphasizing that the commission had not provided sufficient evidence to justify the seizure of all contested properties.
